Another Street Parking Question

Started by RichardD12 • 4 replies • 1584 views

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RichardD12 (West Virginia)
Posts: 5

Posted:

We have 76 private homes in our community. The HOA owns the streets. Street parking by owners is prohibited. For guests, the CCR’s state: “Street parking for guests, including overnight parking, will be allowed for a short term only. If an Owner will have a guest’s vehicle parked in the street for more than seven days, the Owner must get permission from the Board.”

The CCR’s also state: “The Board may have offending vehicles on any property removed to a commercial storage lot after notice to tow is served to the Owner, if reasonably possible, or after posting the vehicle for 24-hours with notice that the vehicle will be towed if it is not brought into compliance, if such posting is consistent with safe practice.”

A few years ago, the Board distributed two guest parking-permits to each household along with a notice that guest vehicles, parked overnight, without permits, will be towed without notice. The Board also placed entrance signs which state: “No Overnight Parking Without Prior Approval.” A commercial tow company has since towed many guest vehicles without notice.

I have argued that towing without notice is a blatant violation of the CCR’s (as well as mean-spirited and unnecessary). The Board argues that the previous distribution of the notice/permits and the entrance signs serve as sufficient advanced notice to tow. They have also argued that they don’t have the time to patrol the streets and post vehicles at night, and that they can’t find a tow company that will post the vehicles for 24-hours before towing.

What do the Forum members think? Is the Board violating the CCR’s by towing without notice?

BrianB (California)
Posts: 2,820

Posted:

one thing i notice in the CC&R is the word "may". Typically, that would be read to mean the HOA could tow, or could not tow, up to the board/HOA.

But, work the sentence another direction, and the "may" becomes important differently: the board COULD use this method to tow vehicles, or it could use a different method. MAY.

I could argue that they have simply defined a different way in which they MAY tow vehicles. (i personally think they are incorrect in doing it this way, but my opinion and $5 will get you a half a latte at starbucks).

TimB4 (Tennessee)
Posts: 21,059

Posted:

You posted that the CC&Rs said:

The Board may have offending vehicles on any property removed to a commercial storage lot after notice to tow is served to the Owner, if reasonably possible, or after posting the vehicle for 24-hours with notice that the vehicle will be towed if it is not brought into compliance, if such posting is consistent with safe practice

Per this language, the Association must do one of the following prior to towing:

1) Give notice to tow to the owner of the vehicle if reasonable possible
OR
2) Place a notice on the vehicle saying the vehicle will be towed at the end of a 24 hr. period.

An argument could be made that by distributing the guest passes, along with the posting of the signs at the entrance (which were probably needed to comply with local towing ordinances) and the flyer informing the members (who are responsible for their guests) that vehicles without the guest permit displayed will be towed is providing, in a reasonable way, notice to the owner of the vehicle prior to towing. Therefore, they are complying with the CC&Rs.

If you do not believe that this would be a valid argument, you could certainly test that theory by having a guest leave a car out overnight without a guest pass and then bring legal action to reclaim the towing and storage costs.

That's my 2 cents.

Tim

RZ (Arizona)
Posts: 51

Posted:

Richard- not sure what city you are in but state and city law trump any CC&R's. Just for example, in Scottsdale and Tempe there are some pretty good citizen protections along with state law. For example:

1. At the scene- if you see them hooking your vehicle up and you ask them, they must release your car. As long as you tell the tow driver to release your vehicle before he leaves the community, he must release your vehicle. It is a myth that if the driver has already hooked up your car it is too late.
If you walk out at 3 am to find your car hooked up you tell the driver to release your car he must comply.

2. No drop fee allowed. Some drivers will tell you there is a "Drop Fee". They might tell you that once they hook you up, they will only release your car if you pay them $50 (or whatever). This is illegal and they are in fact stealing your car. Call 911 and the police will take appropriate action.

3. By Scottsdale City Code, the max fee that you can be charged if your car is towed is $75.00. This includes towing, storage and any other fees for the first 24 hours. They must maintain a 24 hours call line for you to claim your vehicle. Apparently, they can charge you a reasonable "after hours" gate opening fee. (Generally around $20) Also, they can not keep your vehicle just because you won't or can not pay. They must give you your car back, but then they can come after you civilly for the charges.

4. There must be no parking warning signs with the fee and how to get your car if it is towed. They must be visible from any area that your car may be towed from. So a single sign at the entrance is not enough.

5. You have a right to know by name, which HOA Board Member called the tow truck. Per ARS 33-1242 and 33-1803, violations can not be anonymous.

Most all cites have ordinances that protect us against unreasonable towing and fees- about all you can do is educate yourself on your rights. Also, if you are actually towed by request of a board member, you can then file a civil action against them and the board- then a court will decide if the CC&R's were followed...that is one sure way to answer the question.

RichardD12 (West Virginia)
Posts: 5

Posted:

Thank you for your thoughtful, well reasoned, responses. You’ve provided additional, much needed, perspective. I sadly suspect that this will ultimately be resolved in court.

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